Criminal Law Issues

1375 Words5 Pages
Issue 1: Homicide Rule: Homicide: The legal definition of homicide is the intentional, premeditated taking of the life of another human being. Application: In this case, the defendant Hal, upon witnessing what he believed was a crime of passion between his wife and Norm, intentionally killed Norm with a gun. Norm is dead as a result of the defendant's actions. The cause is the misapprehension of Hal that a crime of passion was occurring between Wanda and Norm. There is no vicarious liability as the victim is not dead because of the act of a third party so this would be a case of direct homicide. Rule: Felony murder rule: When a crime occurs during an inherently dangerous act like a robbery (Katz 2013). Application: There is no indirect causation in the crime of killing Norm. However, in the case of the stray bullet hurting Wanda, there is the act of homicide is a felony that is inherently dangerous and Wanda's death is the result of a direct action of Hal's murder of Norm. Rule: Omission to act (or reneging on a duty to act) or acting as an accomplice to the action of another all of these are other forms of homicide, such as when the failure to engage in an activity (such as not preventing someone from drunk driving) or facilitating a crime results in a murder. Application: Omission to act to does not apply: there were no obligations incumbent upon the defendant, such as a failure to stop someone from drinking and driving. The defendant did not have a duty to act
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